Protecting the vulnerable investor

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Protecting investors

As the marketplace continues to evolve at a rapid speed, investing is becoming easier than ever, particularly for younger people. However, this increasing simplicity when it comes to making gains and losses has led to experts asking whether more needs to be done to protect this ‘vulnerable’ demographic.

Recognising a vulnerable investor

The Financial Conduct Authority (FCA) defines a vulnerable investor as ‘someone who, due to their personal circumstances, is particularly susceptible to harm, particularly when a firm is not acting with appropriate levels of care’.

While this has previously been regarded as older people, the rise in young investors is prompting the question of whether this definition needs to be expanded further.

The role of the FCA

Cryptocurrency and trading success stories are often covered widely by the press, so it is no surprise that young people are lured into the world of investing. However, with less financial resilience, making a loss could have significant consequences for them.

While the FCA is taking measures to provide greater protection, due to only regulating specific sections of the wider investment market, it is somewhat limited in terms of what it can control. Many of the cryptocurrency trading platforms that are popular with younger people, fall outside of the FCA’s control.

Protecting young investors

Protecting a younger demographic of investors is an industry wide issue. FCA-regulated or not, it should fall to the society to protect the most vulnerable by raising awareness of the risks involved with investing. Rather than introducing new regulation, which could stifle innovation within the industry, the FCA should be more focused on promoting awareness.

Regulated providers should continue to assess who they regard as vulnerable and focus on producing products that take that risk into account, as well as offering advice on how best to protect new investors.

To help reach the wider market, it would be wise to get larger, well-known advisers on board to help protect and inform younger, more vulnerable investors. As influential voices in the market, sharing their approaches and advice is highly likely to get noticed by smaller businesses.

Unregulated investment product providers could consider crafting a set of principle-based rules. These could offer advice around what should and shouldn’t be said when promoting the product. Although these rules would only be advisory, the more involved they are in promoting them, the greater the impact they would have.

Working together

While there will always be some reckless businesses that expose their customers to greater risk, the vast majority of those operating outside of regulation intend no harm.

With a high appetite for risk and a lack of resilience, the industry must work together to raise awareness and offer advice in a bid to protect young investors.

Get in touch with our  investment funds  team to find out how they can help.

Get In Contact

Kavita is Regional Head for our South region and also Head of our Investment Funds sector. She has a formidable reputation amongst her clients for technical excellence.

She specialises in a broad range of corporate finance transactions, both for public and private companies, including acquisitions, disposals, joint ventures, funding arrangements, restructurings and cross-border transactions.

Our depth and breadth of expertise in the investment funds marketplace means we can help you navigate through what can be a complex arena. Whether you’re a fund manager or an investor, we can advise you how and where to invest, how to establish and structure a new fund, build a portfolio and ultimately, realise value from your investments.

 

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Law firm Shakespeare Martineau helped raise more than £2.1 million in just two days by advising a pair of businesses on placings and subscriptions on the Standard List and AIM.

Clients of the firm; Crossword Cybersecurity Plc and One Heritage Group Plc announced the share issues on the 10th and 11th February 2021. Both had high demand from new and existing investors.

Property developers One Heritage Group undertake development and re-development of new and existing buildings, as well as facilities management and managing the letting of the properties. The new shares generated an additional £548,500 investment in the business in order to expand its property portfolio.

Cybersecurity and risk management experts Crossword Cybersecurity Plc undertook an oversubscribed fundraising of more than £1.6 million. The technology commercialisation company will invest the funds into sales and marketing resource, for product development and support for general working capital purposes.

Hybridan LLP acted as broker to both companies in connection with the placings.

Keith Spedding, partner and business transaction and growth specialist at Shakespeare Martineau, who advised on both deals, said: “These deals go to show that money is out there and available for good companies with good stories, and there is no sign of it drying up. Property and technology sectors are seeing a huge amount of investment, with other sectors such as MedTech and fashion also making stock market headlines. We are very pleased to have helped these two excellent companies on their growth plans.”

Experts in fast-growing businesses Shakespeare Martineau is reporting high levels of transactions in the Midlands and nationally – with the corporate team having supported several multi-million pound sales and mergers across property, biotech and finance sectors as well as advising the founding family of Dr Martens in its recent admission to the market as well as One Heritage Group’s original submission in December 2020.

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For further information please contact Keith Spedding or another member of the corporate team.

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Crossword Cybersecurity, the technology and consulting company focusing on the cyber security sector, has floated on the AIM market in London a market capitalisation of approximately £13.6 million, following a successful placing and subscription of approximately £2.0 million before expenses.

Crossword Cybersecurity plc focuses on the development and commercialisation of university research-based cyber security related software and cyber security consulting. The Group’s specialist cyber security product development and software engineering teams work with its university partners to develop the research concept into a fully-fledged commercial product that it will then take to market.

The Group’s aim is to build up a portfolio of revenue generating, intellectual property based, cyber security products. Rizikon Assurance, Crossword’s first product, is a SaaS platform that enables medium to large companies to assess the cyber maturity and GDPR readiness of their suppliers. Crossword’s team of expert cyber security consultants leverages years of experience in national security, defence and commercial cyber intelligence and operations to provide bespoke advice tailored to its clients’ business needs.

The company will use the funds raised principally to further develop the Crossword Cybersecurity plc’s Group’s operations and to support existing and future contracts.

We advised on all corporate and commercial aspects of the listing, together with their company secretarial team who’ve worked with Crossword Cybersecurity since its inception. Grant Thornton acted as nominated advisor and Hybridan as corporate finance brokers. The team included Catherine Moss, Jennie Davis and Hannah Maxwell (Corporate Finance), Kim Walker and Andrew Hartshorn (Intellectual Property), Jon Heuvel (Employment) and Ben Harber and Shaun Zulafqar (Company Secretarial). Polish Law advice was provided by Adrian Michalak and Jakub Jedrzejak of WKB Wierciński, Kwieciński, Baehr Sp. K, fellow members of the Multilaw Legal Network with Shakespeare Martineau LLP.

Catherine Moss, corporate finance partner in the London office of Shakespeare Martineau, who led on the transaction, said: “Crossword Cybersecurity is undertaking valuable work commercialising the endeavours of the academic cybersecurity community at a time when cybersecurity is high on the agenda for businesses, public institutions and individuals. Listing on AIM is a confident move which reflects the strength of the Company’s business proposition. It was a pleasure for our team, and WKB, to assist Tom Ilube, and his team, in reaching this important milestone.”